DOCS 


UCB 


RULES  AND  REGULATIONS  ,, , 

RELATING  TO  THE 

ISSUANCE  OF  PATENTS  IN  FEE  AND 
^CERTIFICATES  OF  COMPETENCY 

AND  THE 

SALE  OF  ALLOTTED  AND  INHERITED 
INDIAN  LANDS  p^ 

EXCEPT  THOSE  BELONGING  TO  THE  ^^ 
FIVE  CIVILIZED  TRIBES 


APPROVED  OCTOBER  12,  1910 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 
1910 


c, 


CONTENTS. 


Page. 

General  statement 5 

Patents  in  fee 5 

Patents  in  fee  to  Indian  allottees 5 

Patents  in  fee  to  heirs 5 

Certificate  of  competency 6 

Certificate  of  competency  to  Osages 7 

Removal  of  restrictions  of  Kaws 7 

Sale  of  allotted  Indian  lands  except  those  belonging  to  the  Five  Civilized 

Tribes 9 

I.  What  lands  may  be  sold 9 

II.  Method  of  making  petition  for  sales 9 

III.  Method  of  making  petition  for  sale  when  land  is  not  within 

jurisdiction  of  agent 10 

IV.  Notice  and  hearing 10 

V.  Lists  to  be  posted 10 

VI.  Advertisement 11 

VII.  Appraisal 12 

VIII.  Bids 12 

IX.  -Deferred  payments . 13 

X.  Conveyance ' 14 

XI.  Approval  of  sale 14 

XII.  Disposition  of  proceeds 15 

XIII.  Sale  for  town-site  purposes 16 

XIV.  Minor's  interest,  Yakima  Reservation 16 

XV.  Exceptions  to  preceding  regulations 16 

Citizen  Potawatomi  and  Absentee  Shawnee  Indians  of  Oklahoma-  16 

Peoria  and  Miami 17 

Wyandottes 17 

Modocs  in  Oklahoma 18 

Kaw  and  Osage 18 

Sale  of  surplus  lands  of  minor  Osages 19 

Sale  of  lands  of  Indians  belonging  to  the  Quapaw  Indian  Agency.  19 


RULES  AND  REGULATIONS  RELATING  TO  ISSUANCE  OF  PATENTS  IN 
FEE  AND  CERTIFICATES  OF  COMPETENCY  AND  SALE  OF  ALLOTTED 
AND  INHERITED  INDIAN  LANDS, 


GENERAL  STATEMENT. 

Any  Indian  of  21  years  or  over  who  holds  an  allotment  of  land 
under  a  trust  patent  can — 

(1)  Procure  a  patent  in  fee  under  the  act  of  May  8,  1906  (34  Stat., 
182),  provided  it  is  shown  that  he  is  competent  to  care  for  his 
affairs. 

(2)  Devise  his  lands  by  will  under  the  act  of  June  25,  1910  (36 
Stat,  855),  provided  the  land  is  not  located  in  Oklahoma. 

(3)  Sen  his  land  under  the  act  of  March  1,  1907  (34  Stat.,  1015- 
1018). 

PATENTS  IN  FEE. 

PATENTS  IN  FEE  TO  INDIAN  ALLOTTEES. 

The  act  of  May  8,  1906  (34  Stat.,  182),  provides  that  the  Secretary 
of  the  Interior  may,  whenever  he  shall  be  satisfied  that  any  Indian 
allottee  is  capable  of  managing  his  or  her  affairs,  cause  to  be  issued 
to  such  allottee  a  patent  in  fee.  This  act  does  not  apply  to  members 
of  the  Five  Civilized  Tribes  or  the  Indians  under  the  jurisdiction 
of  the  Quapaw,  Kaw,  or  Osage  agencies.  The  issuance  of  a  fee 
patent  under  this  act  is  discretionar}^  with  the  Secretary  of  the  Inte 
rior,  and  the  chief  question  involved  is  the  degree  of  competency 
shown  by  the  allottee  to  care  for  his  owTn  affairs. 

All  applications  for  patents  in  fee  under  this  act  should  be  made 
on  Form  5—105  to  the  superintendent  having  jurisdiction  over  the 
land  the  allottee  seeks  to  have  patented.  The  trust  patent  should 
accompany  the  application;  or  in  case  the  trust  patent  has  been  lost 
or  destroyed,  affidavit  of  the  allottee  to  that  effect  should  accompany 
the  application. 

W*hen  an  application  has  been  received  from  an  allottee  the  super 
intendent  will  post  notices  in  conspicuous  places  on  the  reservation 
where  the  applicant  is  known,  using  Form  5-189. 

At  the  expiration  of  thirty  days  after  notices  have  been  posted  the 
superintendent  will  forward  the  application  to  the  Commissioner  of 
Indian  Affairs,  Washington,  D.  C.,  reporting  fully  as  to  the  com 
petency  of  the  applicant,  giving  in  detail  the  reasons  for  his  recom 
mendations,  using  Form  5-106. 

PATENTS  IN  FEE  TO  HEIRS. 

The  issuance  of  a  patent  in  fee  to  the  competent  heirs  of  a  deceased 
allottee  is  authorized  by  the  acts  of  Congress  approved  May  29,  1908 
(35  Stat.,  444),  and  June  25, 1910  (36  Stat.,  855). 

(5) 


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NOTICE    AND    HEARING. 

When  a  petition  for  a  patent  in  fee  covering  inherited  Irnd  is 
received  the  superintendent  or  other  officer  designated  by  the  Secre 
tary  of  the  Interior  shall  post  notices  in  conspicuous  places  on  the 
reservation  to  the  effect  that  on  a  certain  date  and  place  named  he 
will  take  testimony  to  be  submitted  to  the  Secretary  of  the  Interior 
for  the  purpose  of  determining  the  legal  heirs  of  the  deceased  allot 
tee.  This  notice  shall  be  posted  for  a  period  of  thirty  days. 

Before  the  time  of  hearing  it  shall  be  the  duty  of  the  superintendent 
or  other  officer  designated  by  the  Secretary  of  the  Interior  to  examine 
carefully  the  allotment,  census,  annuity  rolls,  and  other  records 
on  file  at  the  agency  and  make  notations  therefrom  as  to  the  rela 
tives  of  the  decedent  for  use  at  the  hearing. 

All  persons  known  to  be  entitled  to  participation  in  the  estate  and 
all  persons  known  by  the  superintendent  who  claim  to  be  entitled 
to  participation  must  be  notified  of  the  time  and  place,  when  and 
where,  the  hearing  is  to  be  held. 

The  superintendent  is  directed  to  secure  the  attendance  of  at  least 
two  disinterested  persons  who  are  acquainted  with  and  have  direct 
knowledge  of  the  family  history  of  the  decedent  to  give  testimony  at 
the  hearing,  or  he  may  procure  their  affidavits,  and  in  case  the  affiants 
are  not  present  at  the  hearing  their  affidavits  must  be  read  and  made 
a  part  of  the  record.  In  case  affidavits  are  submitted  and  any  of  the 
parties  claiming  an  interest  desire  it,  the  affiants  should  be  called  for 
the  purpose  of  cross-examination. 

At  the  hearing  the  heirs,  or  those  claiming  as  such,  should  be  re 
quired  to  fully  set  forth  their  claims.  All  the  testimony  taken  must 
be  reduced  to  writing  and  subscribed  and  sworn  to  before  the  officer 
conducting  the  proceeding. 

Also,  the  testimony  taken,  a  copy  of  the  posted  notice  to  heirs,  and 
a  copy  of  the  notice  sent  to  persons  to  appear  at  the  hearing  must 
accompany  the  papers  when  petition  for  a  patent  in  fee  is  submitted 
for  consideration. 

A  report  from  the  superintendent  on  Form  5-107  as  to  the  heirs  of 
the  deceased  allottee  must  also  accompany  the  papers. 

In  all  other  respects  the  report  of  the  superintendent  will  be  the 
same  as  if  the  heir  or  heirs  made  an  application  for  a  patent  in  fee 
covering  their  own  allotment. 

The  expenses  incurred  for  calling  disinterested  persons  as  wit 
nesses  must  be  paid  by  the  heir  or  heirs. 

CERTIFICATE  OF  COMPETENCY. 

Section  1  of  the  act  of  Congress  approved  June  25,  1910  (36  Stat., 
855),  provides  in  part: 

That  the  Secretary  of  the  Interior  is  hereby  authorized,  in  his  discretion,  to 
issue  a  certificate  of  competency  upon  application  therefor,  to  any  Indian,  or 
in  case  of  his  death  to  his  heirs,  to  whom  a  patent  in  fee  containing  restrictions 
on  alienation  has  been  or  may  hereafter  be  issued,  and  such  certificate  shall 
have  the  effect  of  removing  the  restrictions  on  alienation  contained  in  such 
patent. 

Applications  for  certificates  of  competency  should  be  filed  with  the 
Indian  superintendent  having  jurisdiction  over  the  land  from  which 
the  allottees  or  heirs  seek  to  have  all  restrictions  removed.  When 


the  land  is  not  located  within  the  territorial  limits  of  an  Indian 
reservation,  the  allottee  or  heirs  may  petition  the  most  convenient 
superintendent  or  other  officer  in  charge  of  an  Indian  agency  or 
Indian  tribe,  or  such  other  public  officer  of  the  United  States  as  may 
be  designated  by  the  Secretary  of  the  Interior,  who  shall  take  like 
action  thereon  as  if  the  land  were  within  the  territorial  limits  of  an 
Indian  reservation. 

Reports  on  applications  for  a  certificate  of  competency  should  be 
the  same  as  those  prescribed  for  the  issuance  of  patents  in  fee. 

If  an  applicant  is  shown  to  be  competent  to  care  for  his  own  affairs, 
a  certificate  of  competency  will  issue  on  Form  E. 

It  will  be  observed  that  the  provision  of  law  last  quoted  applies 
only  to  Indians  or  their  heirs  "  to  whom  a  patent  in  fee  containing 
restrictions  on  alienation  has  been  or  may  hereafter  be  issued."  The 
Indians  of  Oklahoma  are  excluded  from  this  provision  of  the  act  of 
June  25,  1910,  supra. 

CERTIFICATES  OF  COMPETENCY  TO   OSAGES. 

Paragraph  7  of  section  2  of  the  act  of  Congress  approved  June  28, 
1906  (34  Stat.  539),  provides: 

That  the  Secretary  of  the  Interior,  in  his  discretion,  at  the  request  and  upon 
the  petition  of  any  adult  member  of  the  tribe,  may  issue  to  such  member  a  cer 
tificate  of  competency,  authorizing  him  to  sell  and  convey  any  of  the  lands 
deeded  him  by  reason  of  this  act,  except  his  homestead,  which  shall  remain  in 
alienable  and  nontaxable  for  a  period  of  twenty-five  years,  or  during  the  life  of 
the  homestead  allottee,  if  upon  investigation,  consideration,  and  examination  of 
the  request  he  shall  find  any  such  member  fully  competent  and  capable  of  trans 
acting  his  or  her  own  business  and  caring  for  his  or  her  own  individual  affairs ; 
Provided,  That  upon  the  issuance  of  such  certificate  of  competency  the  lands  of 
such  member  (except  his  or  her  homestead)  shall  become  subject  to  taxation,  and 
such  member,  except  as  herein  provided,  shall  have  the  right  to  manage,  control, 
and  dispose  of  his  or  her  lands  the  same  as  any  citizen  of  the  United  States: 
Provided,  That  the  surplus  lands  shall  be  nontaxable  for  the  period  of  three 
years  from  the  approval  of  this  act,  except  where  certificates  of  competency  are 
issued  or  in  case  of  the  death  of  the  allottee,  unless  otherwise  provided  by  Con 
gress:  And  provided  further,  That  nothing  herein  shall  authorize  the  sale  of  the 
oil,  gas,  coal,  or  other  minerals  covered  by  said  lands,  said  minerals  being  re 
served  to  the  use  of  the  tribe  for  a  period  of  twenty-five  years,  and  the  royalty 
to  be  paid  to  said  tribe  as  hereinafter  provided:  And  provided  further,  That 
the  oil,  gas,  coal,  and  other  minerals  upon  said  allotted  lands  shall  become  the 
property  of  the  individual  owner  of  said  land  at  the  expiration  of  said  twenty- 
five  years,  unless  otherwise  provided  for  by  act  of  Congress. 

Applications  for  removal  of  restrictions  and  the  issuance  of  cer 
tificates  of  competency  to  adult  members  of  the  Osage  tribe  of  In 
dians,  under  the  act  of  Congress  above  quoted,  shall  be  upon  forms 
prescribed  by  the  Secretary  of  the  Interior,  and  furnished  by  the 
superintendent  of  the  Osage  Agency,  at  Pawhuska,  Okla.,  and  if 
the  Secretary  finds  that  the  applicant  is  capable  of  managing  his  (or 
her)  own  affairs  and  transacting  his  (or  her)  own  business,  the  re 
strictions  will  be  removed  as  to  the  surplus  lands  of  the  applicant 
and  a  certificate  of  competency  issued,  as  provided  in  said  act. 

REMOVAL  OF  RESTRICTIONS  OF  KAWS. 

Section  10  of  the  act  of  Congress  approved  July  1,  1902  (32  Stat., 
636) ,  is  as  follows : 

The  Secretary  of  the  Interior  may,  in  his  discretion,  at  the  request  of  any 
adult  member  of  said  tribe,  issue  a  certificate  to  such  member  authorizing  him 


8 

to  sell  and  convey  any  or  all  lands  deeded  him  by  reason  of  this  agreement,  and 
may  pay  such  member  at  the  next  annual  payment  his  or  her  pro  rata  share  of 
the  funds  of  said  tribe,  if,  upon  consideration  and  examination  of  the  request, 
the  said  Secretary  shall  find  said  member  to  be  fully  competent  and  capable  of 
managing  and  caring  for  his  or  her  individual  affairs:  Provided,  That  upon  the 
issuance  of  said  certificate,  the  lands  of  such  member,  both  homestead  and 
surplus,  shall  become  subject  to  taxation,  and  such  member  shall  have  the  right 
to  manage  and  dispose  of  such  property  the  same  as  any  other  citizen  of  the 
United  States,  and  upon  the  issuance  of  said  certificate  and  the  payment  of  the 
funds  due  him  or  her  such  member  shall  be  dropped  from  the  rolls  of  said  tribe. 

Applications  for  removal  of  restrictions  and  the  issuance  of  cer 
tificates  of  competency  to  adult  members  of  the  Kaw  or  Kansas 
tribe  of  Indians,  under  the  act  of  Congress  above  quoted,  shall  be 
upon  forms  prescribed  by  the  Secretary  of  the  Interior,  and  fur 
nished  by  the  superintendent  of  the  Kaw  or  Kansas  Agency  at 
Washunga,  Okla.,  and  if  the  Secretary  finds  that  the  applicant  is 
capable  of  managing  his  (or  her)  own  affairs  and  transacting  his  (or 
her)  own  business  the  restrictions  will  be  removed,  and  a  certificate 
of  competency  issued,  as  provided  in  said  act. 

In  submitting  reports  on  applications  for  certificates  of  competency 
the  rules  and  regulations  prescribed  herein  for  the  issuance  of  fee- 
simple  patents  will  apply  so  far  as  applicable. 


SALE   OF  ALLOTTED  INDIAN   LANDS   EXCEPT   THOSE 
BELONGING  TO  THE  FIVE  CIVILIZED  TRIBES. 

The  following  regulations  are  to  be  observed  in  lieu  of  rules  here 
tofore  approved  for  the  conveyance  of  lands  allotted  to  members  of 
any  tribe  of  Indians  for  which  trust  or  other  patents  have  been 
issued  with  restriction  upon  alienation  under  the  provisions  of  the 
act  of  Congress  approved  February  8,  1887  (24  Stat.,  388),  or  other 
acts  of  Congress  or  any  treaty  stipulation,  as  authorized  by  section  7 
of  the  act  of  May  27,  1902  (32  Stat.,  245-275)  ;  the  act  of  March  1, 
1907  (34  Stat.,  1015-1018)  ;  the  act  of  May  29,  1908  (35  Stat.,  444), 
and  the  act  of  June  25,  1910  (36  Stat,  855). 

I.   WHAT  LANDS  MAY  BE  SOLD. 

Subject  to  the  rules  and  regulations  herein  prescribed,  the  follow 
ing  classes  of  lands  may  be  sold : 

(1)  Of   the   heirs,   whether   adults   or  minors,   of   any   deceased 
Indian   to    whom   a   trust   or  other   patent   containing   restrictions 
against  alienation  has  been  issued  or  shall  be  issued  on  lands  allotted 
to  him. 

(2)  Of  persons  deemed  incompetent  by  the  Secretary  of  the  Inte 
rior  to  whom  allotments  have  been  made  and  patents  issued  con 
taining  restrictions  against  alienation. 

In  general,  any  adult  Indian  to  whom  a  patent  has  been  issued, 
containing  restrictions  against  alienation  will  be  deemed  incompe 
tent,  but  sales  by  such  Indians  will  be  allowed  only  when  it  appears 
to  be  for  their  best  interests. 

II.   METHOD   OF  MAKING  PETITION   FOB  SALES. 

If  any  Indian  owner  described  in  the  foregoing  section  desires  to 
sell  such  land  or  a  portion  thereof  he  may  petition  the  Commissioner 
of  Indian  Affairs,  through  the  superintendent  or  other  officer  in 
charge  within  whose  territorial  jurisdiction  the  land  is  situated, 
praying  that  the  land  described  in  the  petition  may  be  sold  and  the 
proceeds  disposed  of  in  accordance  with  the  laws  applicable. 
(Form  5-110.) 

When  petition  is  made  for  the  sale  of  an  original  allotment  of  an 
incompetent  Indian  it  must  set  forth  clearly  the  nature  and  extent 
of  the  incompetency  of  the  proposed  vendor  and  show  whether  the 
allotment,  or  any  part  thereof,  is  leased ;  and  if  so,  the  annual  rental 
thereof.  The  owner  must  subscribe  his  name  or  affix  his  mark  or 
thumb  mark  to  the  petition. 

If  the  petition  is  made  by  the  heirs  of  a  decedent,  it  shall  set  forth 
every  material  fact  necessary  to  show  full  title  in  the  petitioners 
under  the  laws  applicable,  and  shall  be  signed  by  all  the  adult  heirs 
on  their  own  behalf,  by  the  natural  guardian  of  any  minor  heir  who 

(9) 
62709°— 10 2 


10 

has  such  a  guardian,  and  by  the  disbursing  officer  in  charge  of  the, 
supervising  agency  or  school  on  behalf  of  any  orphan  minor  heir. 
(Form  5-110.) 

Only  parents  will  be  recognized  as  natural  guardians.  If  the 
father  and  mother  are  living  together,  the  father  must  sign  the  peti 
tion  on  behalf  of  his  minor  child,  otherwise  the  parent  having  the 

actual  care  and  custody  of  the  minor  must  sign  it. 
i 

III.    METHOD    OF   MAKING    PETITION    FOB    SALE    WHEN    LAND    IS 
NOT  WITHIN  JURISDICTION  OF  AGENT. 

When  the  land  is  not  located  within  the  territorial  limits  of  an 
Indian  reservation,  the  owner  thereof  may  petition  the  most  con 
venient  superintendent  or  other  officer  in  charge  of  an  Indian  agency 
or  Indian  tribe,  or  such  other  public  officer  of  the  United  States  as 
may  be  designated  by  the  Secretary  of  the  Interior,  who  shall  take 
like  action  thereon  as  if  the  land  were  within  the  territorial  limits 
of  an  Indian  reservation. 

IV.   NOTICE  AND  HEARING. 

When  the  petition  for  sale  of  inherited  land  is  received  the  super 
intendent  or  other  officer  designated  by  the  Secretary  of  the  Interior 
shall  post  notices  and  take  the  further  action  prescribed  in  these 
regulations  under  the  heading  "  Patents  in  fee  to  heirs "  (pp.  5 
to  6). 

In  case  there  are  any  minor  heirs  interested  in  the  land,  the  super 
intendent  shall  designate  some  competent  disinterested  person  as 
guardian  ad  litem  to  act  for  such  minors  and  represent  them  at  the 
hearing,  and  such  guardian  ad  litem  shall  have  the  right  to  cross- 
examine  witnesses  and  introduce  evidence  on  behalf  of  his  ward. 

In  all  such  cases  the  report  of  the  superintendent  submitting  the 
case  for  departmental  action  shall  include  a  statement  showing  the 
appointment  of  such  guardian  ad  litem,  and  whether  or  not  such 
guardian  was  present  at  the  hearing. 

Actual  and  necessary  expenses  incurred  by  reason  of  calling  dis 
interested  persons  as  witnesses  at  the  hearing  must  be  paid  by  the 
persons  on  whose  behalf  such  persons  are  called.  In  no  case  will  an 
attorney's  fee  be  paid  from  the  proceeds  of  sale  unless  his  employ 
ment  is  previously  authorized  by  the  Department  of  the  Interior. 

V.    LISTS  TO  BE  POSTED. 

When  such  superintendent  or  other  officer  in  charge  shall  be 
satisfied  that  the  facts  alleged  in  the  petition  are  sufficient,  he  shall 
appraise  the  land  and  cause  a  memorandum  record  of  the  same  to 
be  made  in  a  book,  or  on  cards,  to  be  kept  for  that  purpose,  and  shall 
file  the  petition  in  his  office.  He  shall  on  each  Monday  morning  post 
in  a  conspicuous  place  in  his  office,  in  the  post-office  of  the  nearest 
city  or  town,  and  in  at  least  one  other  public  place,  in  such  large 
letters  and  figures  as  will  be  clearly  legible,  for  a  period  of  sixty 
days,  a  list  of  the  lands  described  in  the  petitions  received  by  him 
during  the  week  preceding  each  such  Monday,  showing  the  names 
of  the  owners,  the  description  of  the  lands,  the  appraised  value,  the 


11 

date  when  listed,  and  the  date  when  bids  will  be  opened,  and  such 
lists  shall  be  accessible  to  the  public  at  all  times  in  business  hours 
in  his  office. 

VI.   ADVERTISEMENT. 

(1)  General. — The  superintendent  or  other  officer  in  charge  shall 
cause  an  advertisement  of  the  lands  offered  for  sale  to  be  published 
once  each  week  (in  the  weekly  edition,  if  one  is  issued)  in  a  news- 

Eaper  of  general  circulation  in  the  county  or  locality  in  which  the 
mds  are  situated,  giving  in  concise  form  the  description  of  the 
lands,  the  time  within  which  and  place  where  bids  may  be  received, 
how  they  are  to  be  marked,  the  terms  of  sale,  and  that  further  in 
formation  in  regard  thereto  may  be  procured  on  application  in  per 
son  or  by  letter  to  the  superintendent  or  officer  in  charge.  The  lists 
so  advertised  shall  be  corrected  once  each  week  by  adding  thereto 
such  other  lands  as  may  have  been  listed  and  removing  therefrom 
such  lands  as  may  have  been  sold  during  the  prior  week.  Superin 
tendents  or  other  officers  in  charge  will,  on  request,  furnish  a  list  of 
all  lands  offered  for  sale  to  anyone  making  application  therefor, 
and  inform  them  as  to  the  regulations  governing  such  sales. 

(2)  Payment  of  costs. — Purchasers  shall  pay  all  costs  of  convey 
ancing,  and.  in  addition,  the  following  sums,  to  wit:  If  the  purchase 
price  is  $1,000  or  less,  $1.50;  if  it  be  more  than  $1,000  and  not  more 
than  $2.000.  $2;  if  the  purchase  price  is  more  than  $2,000,  $2.50,  to  be 
used  by  the  disbursing  officer  in  charge  of  the  agency  for  giving 
public  notice  of  the  sale  as  herein  provided.     The  funds  so  received 
by  the  disbursing  officer  must  be  accounted  for  as  "  Miscellaneous 
Receipts,  Class  IV,  Proceeds  of  Advertising  Fees."     These  fees  should 
not  be  included  with  the  checks  in  payment  for  the  land,  but  should 
be  kept  separate  and  distinct  at  all  times. 

If  the  number  of  sales  is  not  sufficient  to  pay  the  expenses  incurred 
in  advertising  the  land  the  superintendent  or  other  officer  in  charge 
may  deduct  from  the  purchase  price  (provided  the  sale  is  approved) 
the  additional  cost  of  advertising  and  partition  proceedings,  if  any. 

(3)  Additional  publicity. — Any  petitioner,  with  the  consent  of  the 
superintendent  or  other  officer  in  charge,  and  on  depositing  with  him 
the  necessary  fees,  may  cause  notices  of  the  proposed  sale  to  be 
published  in  such  papers  as  he  may  elect. 

Superintendents  or  other  officers  in  charge  may,  when  it  appears 
that  the  interest  of  the  petitioners  will  be  benefited  thereby,  require 
them  to  deposit  $5  to  defray  the  cost  of  giving  wider  notice  of  sale. 
Larger  deposits  will  not  be  required  without  specific  authority  from 
the  Commissioner  of  Indian  Affairs. 

(4)  When  advertisement  may  be  waived. — Where  an  Indian  allottee 
desires  to  sell  a  part  of  his  allotment  or  a  part  of  an  inherited  allot 
ment  for  school,  cemetery,  church,  or  other  similar  purposes  to  the 
United  States,  or  to  a  private  corporation  or  association  for  like  pur 
poses,  upon  the  ascertainment  by  the  superintendent  or  other  officer 
under  whose  jurisdiction  the  land  to  be  sold  is  situated  that  the  price 
to  be  paid  is  a  fair  and  adequate  consideration  therefor,  the  advertise 
ment  of  the  land  for  sale  and  the  requirement  of  sealed  bids  upon  the 
land  may  be  waived.     The  superintendent  or  other  officer  in  charge, 
however,  will  submit  a  full  report  with  regard  to  the  necessity  of  the 


12 

land  for  the  purpose  for  which  it  is  sold,  together  with  his  recom 
mendation  in  the  premises.  In  case  it  is  inherited  land  proof  as  to 
heirship  as  heretofore  required  must  be  submitted. 

VII.    APPRAISAL. 

Before  any  tract  of  land  has  been  posted  for  sale  the  superintendent 
or  other  officer  in  charge  shall  visit,  view,  and  appraise  it  at  its  full 
value  for  the  purpose  for  which  it  is  best  adapted,  according  to  his 
best  judgment.  If  such  superintendent  or  officer  is  from  any  cause 
unable  personally  to  appraise  the  lands  he  shall  require  the  appraise 
ment  to  be  made  in  like  manner  by  the  most  competent  officer  or 
employee  under  his  charge.  No  bid  for  less  than  the  appraised  value 
shall  be  considered.  If  the  appraisement  is  made  by  a  person  other 
than  the  superintendent  or  officer  in  charge,  such  superintendent  or 
officer  shall  add  a  certificate  of  the  qualifications  and  integrity  of  the 
appraiser,  and  that  he  believes  the  appraisement  to  be  the  value  of 
the  land.  (Form  5-110a.) 

VIII.    BIDS. 

(1.)  Time  of  receipt  and  opening. — The  day  for  opening  bids  on 
Indian  lands  shall  be  sixty  days  from  the  date  of  first  posting,  and 
bids  shall  be  received  until  2  o'clock  p.  m.  of  that  day,  at  which  hour 
they  will  be  opened. 

(2)  Method  of  making  bids. — Each  bid  must  be  accompanied  by  a 
duly  certified  check  on  some  solvent  bank,  payable  to  the  order  of  the 
superintendent  or  other  officer  in  charge,  for  the  use  of  the  vendor, 
for  10  per  cent  of  the  amount  offered,  as  a  guaranty  of  the  bidder's 
faithful  performance  of  his  proposition.    If  the  bid  shall  be  accepted 
and  the  successful  bidder  shall,  within  thirty  days  after  due  notice, 
fail  to  comply  with  the  terms  of  his  bid,  such  check  shall  be  forfeited 
to  the  use  of  the  owner  of  the  land,  less  the  cost  of  advertising,  etc. 
All  such  bids  shall  be  inclosed  in  a  sealed  envelope,  which  must  be 
marked  by  the  bidder  "  Bid  for  Indian  land,"  and  state  the  date  of 
opening,  but  the  description  of  the  land  shall  not  be  noted  on  the 
envelope. 

No  bidder  will  be  permitted  to  include  more  than  one  allotment  in 
any  bid.  If  a  prospective  purchaser  desires  to  bid  on  more  than  one 
allotment  he  must  submit  a  separate  bid  for  each  allotment  he  desires 
to  purchase,  and  if  he  wishes  less  than  an  entire  allotment,  he  must 
submit  a  bid  for  one  or  more  legal  subdivisions  of  such  allotment. 

(3)  Employees  not  allowed  to  bid. — Under  no  circumstances  will 
the  superintendent  or  other  officer  in  charge,  or  any  person  connected 
with  an  agency  office  or  the  Indian  Service,  be  permitted  to  bid  or  to 
make  or  prepare  any  bid  or  assist  any  prospective  bidder  in  preparing 
his  bid. 

(4)  Rejection  of  bids. — The  right  to  reject  any  or  all  bids  is  re 
served  to  the  Commissioner  of  Indian  Affairs. 

(5)  Aivard. — Bidders,  owners,  and  other  interested  persons  may 
be  present  when  bids  are  opened.    The  superintendent  or  other  officer 
in  charge  shall  notify  the  Indian  of  this  right  when  the  petition  is 
filed.     When  opened  the  bids  shall  be  so  recorded  in  a  book  or  on 


13 

cards  to  be  kept  for  that  purpose  as  to  show  the  name  of  bidder, 
description  of  land,  amount  offered,  and  action  taken  thereon.  The 
award  shall  be  made  to  the  highest  bidder  and  the  checks  of  the 
unsuccessful  bidders  shall  be  immediately  returned  to  them,  receipts 
therefor  being  taken  and  filed  in  the  agency. 

(6)  Temporary  disposition  of  purchase  price. — The  exchange  sub 
mitted  with  the  bid  of  the  successful  bidder  shall  be  immediately 
deposited  by  the  superintendent  or  other  officer  in  charge  to  his 
official  credit  in  a  designated  depositary  for  individual  Indian  money. 
As  soon  as  practicable  the  superintendent  or  other  officer  in  charge 
shall  require  the  successful  bidder  to  furnish  additional  exchange  for 
the  remaining  90  per  cent  of  the  amount  bid,  which  shall  be  deposited 
forthwith  to  the  official  credit  of  the  disbursing  officer  in  the  same 
depositary  or  depositaries  to  await  the  action  of  the  department  on 
the  sale. 

(7)  Relisting. — Lands  not  disposed  of  at  the  appointed  time  may, 
if  the  heirs  or  allottees  interested  so  desire,  be  relisted  and  offered  for 
sale  after  thirty  days'  advertisement. 

IX.    DEFERRED  PAYMENTS. 

It  is  the  earnest  desire  of  the  Secretary  of  the  Interior  and  the 
Commissioner  of  Indian  Affairs  to  sell  irrigable  and  agricultural 
land  under  the  deferred-payment  plan  in  order  to  encourage  as  far 
as  possible  the  sale  of  Indian  lands  to  actual  settlers.  By  surround 
ing  the  Indians  with  progressive  and  industrious  settlers  the  good 
influence  upon  the  Indians  as  a  whole  is  apparent.  All  Indian  super 
intendents  and  field  officers  having  in  charge  the  sale  of  Indian  lands 
are  hereby  directed  to  use  their  earnest  effort  and  constant  endeavor 
to  bring  into  the  field  as  bidders  on  Indian  land  the  actual  settler. 

The  department  realizes  that  the  same  conditions  do  not  exist  on 
all  reservations ;  that,  in  fact,  each  petition  for  sale  that  is  filed  pre 
sents  a  different  aspect  when  the  actual  need  of  the  Indian  who  wishes 
to  sell  his  land  is  considered.  Therefore  no  hard  and  fast  rule  should 
be  laid  down  that  all  irrigable  and  agricultural  land  offered  for  sale 
must  be  sold  under  the  deferred-payment  plan,  but  when  a  sale 
can  be  perfected  under  this  plan  the  superintendent  or  other  field 
official  is  directed  to  follow  it. 

At  the  time  the  petition  for  sale  is  filed  the  allottee  or  heirs  inter 
ested  must  agree  that  payment  for  the  land  to  be  sold  may  be  part 
cash  and  the  balance  secured  by  notes  bearing  the  usual  and  legal 
rate  of  interest  of  the  locality"  in  which  the  land  is  located,  10  per 
cent  of  the  purchase  price  to  accompany  the  bid,  15  per  cent  addi 
tional  of  the  purchase  price  to  be  paid  when  the  bid  is  accepted,  and 
the  balance  to  be  paid  on  such  terms  and  conditions  as  may  be  agreed 
upon  between  the  superintendent  and  the  Indian  owner.  When  the 
purchase  price  and  the  accrued  interest  on  the  notes  have  been  paid 
in  full  a  patent  in  fee  will  be  issued  to  the  purchaser,  and  in  cases 
where  a  patent  in  fee  is  not  authorized  by  law  a  deed  executed  by  the 
allottee  or  heirs  and  approved  by  the  Secretary  of  the  Interior  will 
be  delivered  to  the  purchaser.  When  lands  are  sold  by  deferred 
payment  a  certificate  or  memoranda  of  purchase,  setting  out  fully 
the  terms  of  sale,  will  be  delivered  to  the  purchaser.  If  the  pur- 


14 

chaser  makes  default  in  his  first  payment,  the  10  per  cent  paid  will 
be  forfeited  to  the  Indian  owner,  and  in  case  default  is  made  in  future 
payments  an  additional  15  per  cent  of  the  purchase  price  will  be  so 
forfeited. 

When  a  petition  for  the  sale  of  land  is  received  the  superintendent 
should  examine  the  land  and  appraise  it  at  its  full  value.  The 
appraisement,  terms,  and  conditions  of  sale  should  be  advertised  in  a 
paper  of  general  circulation  in  the  section  in  which  the  land  is  located. 
In  so  far  as  applicable  the  general  rules  and  regulations  for  the  sale 
of  allotted  land  will  be  observed  in  the  sale  of  land  under  the  deferred 
payment  plan,  except  as  above  provided. 

X.    CONVEYANCE. 

(1)  Method  of  making  conveyance. — Lands  sold  in  accordance  with 
the  provisions  of  these  regulations,  except  as  above  indicated,  will  be 
conveyed  direct  to  the  purchaser  by  patent  in  fee  simple  from  the 
United  States.    If  the  lands  are  located  in  Oklahoma  or  the  issuance 
of  a  fee  patent  is  not  authorized  by  law,  a  warranty  deed  from  the 
allottee  or  heirs,  approved  by  the  Secretary  of  the  Interior,  will  be 
given  to  the  purchaser. 

Inherited  lands  in  Oklahoma  can  be  sold  only  under  the  act  of  May 
27,  1902  (32  Stat,  245-275),  which  provides  that  the  interests  of 
minor  heirs  shall  be  sold  only  by  a  guardian  duly  appointed  by  the 
proper  court  upon  the  order  of  such  court,  made  upon  petition  filed 
by  the  guardian,  and  the  amended  rules  approved  by  the  Acting 
Secretary  of  the  Interior  September  10,  1907,  to  govern  such  sales  are 
continued  in  force. 

The  sale  and  conveyance  of  lands  of  noncompetent  Indians  in  Okla 
homa  can  only  be  made  under  the  provisions  of  the  act  of  March  1, 
1907  (34  Stat.,  1015-1018). 

(2)  Partition  proceedings. — No  sale  of  an  individual  interest  in  an 
undivided  tract  of  land  will  receive  approval.     In  case  the  lands  of 
the  decedent  are  capable  of  partition  to  the  advantage  of  the  heirs, 
the  Secretary  of  the  Interior  has  authority  to  partition  the  lands. 
If  the  land  of  a  deceased  allottee  has  been  partitioned  by  the  proper 
state  court  among  his  heirs,  a  certified  copy  of  the  findings  of  fact 
and  the  decree  of  partition  may  be  furnished  to  be  used  as  evidence 
before  the  department  in  the  partition  proceedings.    When  the  land 
of  a  decedent  is  partitioned  among  his  or  her  heirs  by  the  Secretary 
of  the  Interior  any  such  heir  may  sell  the  portion  set  off  to  him  by 
such  partition.    If  the  land  is  located  in  Oklahoma  partition  proceed 
ings  by  the  Secretary  of  the  Interior  are  not  authorized. 

XI.   APPROVAL  OF  SALE. 

All  sales  of  lands  made  under  the  acts  referred  to  herein  must  be 
submitted  for  the  Secretary's  approval  and  accompanied  by  the 
original  petition  for  sale,  the  testimony  taken  at  the  hearing,  the 
appraisement,  all  bids  relating  to  the  land  covered  by  the  petition, 
and  a  full  report,  in  accordance  with  Form  5-1 10e,  or  as  hereinafter 
required  by  the  Commissioner  of  Indian  Affairs,  by  the  superinten 
dent  or  other  officer  in  charge,  of  all  proceedings  previous  to  his 
report  which  relate  to  the  sale. 


15 

No  proceedings  or  actions  under  these  regulations  shall  affect  in 
any  respect  the  right  of  the  Secretary  of  the  Interior  to  exercise 
the  discretion  given  him  by  law  relative  to  the  approval  of  sales  of 
Indian  lands. 

If  the  sale  has  been  made  by  the  heirs  of  a  deceased  allottee,  the 
following  instruments  must  also  be  submitted : 

(1)  A  full  report  of  the  testimony  taken  at  the  hearing,  also  a 
report  from  the  superintendent.     (Form  5-107.) 

(2)  If  in  the  case  of  any  deceased  allottee  there  shall  have  been 
or  shall  hereafter  be  probate  or  other  court  proceedings  establishing 
who  are  the  heirs  of  such  deceased  allottee,  a  certified  copy  of  the 
final  order,  judgment,  or  decree  of  the  court  showing  and  determin 
ing  such  heirship  must  be  furnished,  but  such  proceedings  shall  be 
effective  only  when  adopted  by  the  Secretary  of  the  Interior  as  his 
findings  and  judgment  as  to  who  are  the  lawful  heirs  of  the  deceased 
allottee. 

(3)  A  certificate  from  the  superintendent  or  other  officer  having 
charge  of  the  Indian  tribe  that  the  effect  of  the  sale  has  been  ex 
plained  to  and  fully  understood  by  the  Indian  owners;  that  the  con 
sideration  bid  is  a  fair  price  for  the  land;  that  the  same  has  been 
secured  to  be  paid  to  the  owners  or  for  their  benefit  in  lawful  money 
of  the  United  States ;  that  the  sale  is  in  every  respect  free  from  fraud 
or  deception ;  and  in  case  of  lands  in  Oklahoma  other  than  those  of  the 
Kaws  and  Osages  that  said  allottee  did  not  reside  on  his  homestead 
or   allotment   or  cultivate   the   land   sold   during  his   lifetime   and 
immediately  preceding  his  death.     If  the  allottee  did  reside  upon 
such  land,  then  it  must  be  shown  of  whom  the  family  of  the  deceased 
allottee  consisted,  their  ages  and  relation  to  said  deceased  allottee, 
in  order  to  determine  whether  it  is  a  case  in  which  a  sale  is  author 
ized  under  the  act  of  May  27,  1902.     (Form  5-110b.) 

(4)  If  the  sale  be  made  by  an  original  allottee,  a  certificate  of  the 
superintendent  or  other  officer  in  charge  in  the  form  (5-110b)  pre 
scribed  herein  shall  accompany  the  papers. 

(5)  And  in  all  cases  by  the  following: 

(a)  The  affidavit   of  the  grantee  in   accordance  with  the  form 
(5-187)  herein  prescribed. 

(b)  Where  the  land  conveyed,  or  any  part  thereof,  is  less  than  a 
legal  subdivision  or  does  not  conform  to  the  public  survey,  a  diagram 
prepared  by  a  competent  surveyor  or  an  authenticated  copy  of  the 
official  plat  of  survey  indicating  all  the  land  intended  to  be  conveyed 
and  all  former  sales  by  the  vendors  or  allottees  must  be  furnished  for 
the  use  of  the  Indian  Office. 

Where  these  rules  specify  two  or  more  officers  or  other  persons  to 
perform  certain  duties,  preference  must  in  all  cases  be  given  to  such 
officers  or  persons  in  the  order  named. 

XII.    DISPOSITION  OF  PROCEEDS. 

Upon  notification  by  the  Indian  Office  that  the  sale  has  been  ap 
proved,  the  disbursing  officer  in  charge  will  draw  his  official  check  or 
checks  for  the  net  amount  of  the  purchase  price  of  the  land  and  place 
the  proper  proportion  to  the  credit  of  each  heir  or  allottee  in  the 


16 

regular  depository  for  individual  Indian  moneys,  or  pay  it  direct  to 
the  heir  or  allottee.  Such  amounts  shall  thereafter  be  handled  in 
accordance  with  the  regulations  relating  to  individual  Indian  moneys. 

When  officially  notified  that  the  sale  has  been  rejected,  the  dis 
bursing  officer  in  charge  shall  immediately  return  the  amount  depos 
ited  by  the  proposed  purchaser.  If  payment  is  made  in  cash,  he 
shall  take  receipt  therefor  in  duplicate.  The  original  receipt  must  be 
attached  to  the  officer's  sales  roll  for  the  proper  quarter.  If  the 
return  is  made  by  official  check,  the  number,  date,  and  name  of  de 
pository  on  which  drawn  must  be  stated  on  the  land-sales  roll  in  the 
column  of  "  Remarks." 

In  all  cases  in  which  persons  (adults  or  minors)  are  entitled  to 
share  in  the  proceeds  of  the  sale  of  an  Indian  allotment,  and  such  per 
sons  are  not  of  Indian  ~blood,  the  superintendent  or  other  disbursing 
officer  in  charge  shall  set  forth  in  his  letter  of  transmittal  the  names 
of  such  persons,  and  under  no  circumstances  will  their  share  be  de 
posited  to  their  personal  credit  after  the  approval  of  a  sale,  but  shall 
be  paid  direct  to  such  persons  or  to  their  legal  representatives. 

XIII.   SALE   FOR  TOWN-SITE  PURPOSES. 

Whenever  it  shall  appear  to  the  satisfaction  of  the  Commissioner 
of  Indian  Affairs  that  it  would  be  to  the  material  advantage  of  the 
petitioner  to  sell  an  allotment,  or  any  part  thereof,  for  town-site  pur 
poses,  the  superintendent  or  officer  in  charge  may  be  directed  to  cause 
such  allotment,  or  part  thereof,  to  be  surveyed  into  lots,  blocks,  streets, 
and  alleys,  under  regulations  to  be  prescribed  by  the  Commissioner 
of  Indian  Affairs.  The  lots  in  said  town  sites  shall  be  appraised,  ad 
vertised,  and  sold  at  public  auction  under  sealed  bids  or  at  private  sale 
to  the  highest  bidder,  at  not  less  than  the  appraised  value,  under  such 
further  regulations  as  the  Secretary  of  the  Interior  may  prescribe. 
The  costs  incident  to  the  sale  of  such  allotment  shall  be  paid  by  the 
Indian  owner. 

XIV.   MINOR'S  INTEREST,  YAKIMA  RESERVATION. 

Sales  of  the  interests  of  minors  in  allotments  on  the  Yakima  Res 
ervation  under  the  act  of  March  27,  1908  (35  Stat,,  49),  should  be 
made  in  accordance  with  the  provisions  of  the  foregoing  chapter. 

XV.   EXCEPTIONS  TO  PRECEDING  REGULATIONS. 
CITIZEN   POTAWATOMI  AND  ABSENTEE  SHAWNEE   INDIANS  OF  OKLAHOMA. 

The  act  of  August  15,  1894  (28  Stat.,  295),  provides: 

That  any  member  of  the  Citizen  band  of  Pottawatomie  Indians  and  of  the 
Absentee  Shawnee  Indians  of  Oklahoma,  to  whom  a  trust  patent  has  been 
issued  under  the  provisions  of  the  act  approved  February  eighth,  eighteen  hun 
dred  and  eighty-seven  (24  Stat.  L.,  388),  and  being  over  twenty-one  years 
of  age,  may  sell  and  convey  any  portion  of  the  land  covered  by  such  patent 
in  excess  of  eighty  acres,  the  deed  of  conveyance  to  be  subject  to  approval  by 
the  Secretary  of  the  Interior  under  such  rules  and  regulations  as  he  may 
prescribe,  and  that  any  Citizen  Pottawatomie  not  residing  upon  his  allotment, 
but  being  a  legal  resident  of  another  State  or  Territory,  may  in  like  manner 
sell  and  convey  all  the  land  covered  by  said  patent,  and  that  upon  the  approval 
of  such  deed  by  the  Secretary  of  the  Interior  the  title  to  the  land  thereby  con 
veyed  shall  vest  in  the  grantee  therein  named. 


17 

That  act  was  modified  by  the  act  of  May  31,  1900  (31  Stat.,  247), 
which  provides : 

That  the  proviso  to  the  act  approved  August  fifteenth,  eighteen  hundred  and 
ninety-four,  permitting  the  sale  of  allotted  lands  by  members  of  the  Citizen 
Band  of  Pottawatomie  Indians  and  of  the  Absentee  Shawnee  Indians  of  Okla 
homa  is  hereby  extended  so  as  to  permit  the  adult  heirs  of  a  deceased  allottee 
to  sell  and  convey  the  lands  inherited  from  such  decedent;  and  if  there  be  both 
adult  and  minor  owners  of  such  inherited  lands,  then  such  minors  may  join  in 
a  sale  thereof  by  a  guardian,  duly  appointed  by  the  proper  court,  upon  an 
order  of  such  court  made  upon  petition  filed  by  such  guardian,  all  conveyances 
made  under  this  provision  to  be  subject  to  the  approval  of  the  Secretary  of  the 
Interior;  and  any  citizen  Pottawatomie  or  Absentee  Shawnee  not  residing 
upon  his  allotment,  but  being  an  actual  resident  of  another  State  or  Terri 
tory,  may  in  like  manner  sell  and  convey  all  the  land  allotted  to  him. 

That  such  proviso  of  the  act  approved  August  fifteenth,  eighteen  hundred  and 
ninety-four,  as  herein  enlarged,  is  hereby  extended  to  those  members  of  the 
Citizen  Band  of  Pottawatomie  Indians  and  the  Absentee  Shawnee  Indians  who 
were  given  allotments  under  the  act  approved  the  twenty-third  day  of  May, 
eighteen  hundred  and  seventy-two,  and  to  their  heirs;  and  any  purchasers  of 
Indian  blood  of  lands  sold  under  the  provisions  of  the  act  last  named,  or  their 
heirs,  who  may  own  other  allotted  lands  under  any  act  of  Congress,  may  sell  all 
the  lands  so  owned  by  them  in  excess  of  eighty  acres,  the  restrictions  against 
sales  by  allottees,  under  the  act  last  named,  to  others  than  the  United  States 
or  persons  of  Indian  blood  being  hereby  removed ;  and  all  such  conveyances 
shall  hereafter  be  subject  to  the  approval  of  the  Secretary  of  the  Interior. 

That  the  provisions  hereof  as  to  the  sale  of  inherited  lands  by  heirs  of  de 
ceased  allottees  of  the  Citizen  Band  of  Pottawatomie  Indians  and  Absentee 
Shawnee  Indians  are  hereby  extended  and  made  applicable  to  the  heirs  of  allot 
tees  of  the  Peoria  and  Miami  Indians,  who  were  authorized  by  the  act  approved 
June  seventh,  eighteen  hundred  and  ninety-seven,  to  sell  a  portion  of  their 
lands,  and  all  sales  and  conveyances  of  lands  of  deceased  allottees  by  their 
heirs,  which  have  been  duly  made  and  executed  by  such  heirs  and  duly  ap 
proved  by  the  Secretary  of  the  Interior,  are  hereby  ratified  and  confirmed. 

So  far  as  applicable,  the  rules  and  regulations  above  prescribed  will 
apply  to  the  sale  of  lands  under  the  provisions  of  the  acts  of  August 
15,  1894  (supra),  and  the  act  of  May  31,  1900  (supra). 

PEORIA    AND    MIAMI. 

The  act  of  June  7,  1897  (30  Stat.,  72),  provides: 

That  the  adult  allottees  of  land  in  the  Peoria  and  Miami  Indian  Reservations 
in  the  Quapaw  Agency,  Indian  Territory,  who  have  each  received  allotments  of 
two  hundred  acres  or  more  may  sell  one  hundred  acres  thereof,  under  such  rules 
and  regulations  as  the  Secretary  of  the  Interior  may  prescribe. 

This  act  was  modified  by  the  act  of  May  31,  1900  (31  Stat,  247), 
by  the  terms  of  which  the  sale  of  the  inherited  lands  by  heirs  of 
deceased  allottees  of  the  Peoria  and  Miami  Indians  were  authorized. 

In  so  far  as  applicable,  the  rules  and  regulations  herein  prescribed 
will  apply  to  sales  made  under  this  act. 

WYANDOTTES. 

The  act  of  June  10,  1896  (29  Stat.,  343),  provides: 

That  the  adult  allottees  of  sections  twenty-one  and  twenty-eight,  In  township 
twenty-seven  north,  of  range  twenty-four  east,  in  the  Wyaudotte  Reservation, 
Indian  Territory,  may  sell  and  convey  the  land  allotted  to  them  in  said  sections: 
Provided,  That  the  land  so  conveyed  shall  not  exceed  one-half  of  the  land  owned 
by  each  of  them  within  the  limits  of  the  Quapaw  Agency,  subject  to  the  approval 
of  the  Secretary  of  the  Interior. 

In  so  far  as  applicable,  the  rules  and  regulations  herein  prescribed 
will  apply  to  sales  of  land  under  this  act. 


18 

MODOCS   IN   OKLAHOMA. 

The  act  of  March  3,  1909  (35  Stat.,  751),  provides: 

That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  authorized  and 
directed  to  restore  to  the  rolls  of  the  Klamath  Agency,  in  Oregon,  those  Modoc 
Indians  now  enrolled  at  the  Quapaw  Agency,  in  Oklahoma,  formerly  Indian 
Territory,  together  with  their  descendants  living  at  the  date  of  the  passage  of 
this  act,  and  that  upon  the  removal  of  any  of  said  Indians  to  the  Klamath 
Reservation,  in  Oregon,  they  shall  be  allotted  as  other  Indians  on  said  reserva 
tion,  and  that  upon  the  passage  of  this  act  they  be  accorded  all  the  rights  and 
privileges  of  other  Indians  enrolled  at  the  Klamath  Agency :  Provided,  That  for 
the  purposes  of  such  removal  the  Secretary  of  the  Interior  be,  and  he  is  hereby, 
upon  application  of  any  allottee,  authorized  to  sell,  under  such  rules  and  regu 
lations  as  he  may  prescribe,  all  lands  inherited  and  otherwise  heretofore  allotted 
to  the  members  of  said  tribe  in  Oklahoma,  and  he  is  authorized  to  issue  a  patent 
in  fee  simple  to  the  purchaser  or  purchasers  of  said  lands,  and  all  restrictions 
as  to  the  sale,  incumbrance,  and  taxation  of  said  land  shall  thereupon  be 
removed :  Provided,  further,  That  if  any  member  of  the  Modoc  tribe  of  Indians 
prefers  not  to  have  his  or  her  land  sold,  such  allottee  may  lease  his  or  her  land 
in  Oklahoma  for  a  period  of  not  to  exceed  five  years,  the  parent  or  next  of  kin 
having  the  care  and  custody  of  any  minor  executing  the  lease  for  such  minor. 

Modoc  Indians,  owners  of  allotments  within  the  Modoc  Reserva 
tion,  who  wish  to  sell  their  lands  for  the  purpose  of  removing  to 
the  Klamath  Reservation,  Oreg.,  may  make  application  to  the  super 
intendent  of  the  Seneca  Indian  School,  Wyandotte,  Okla.,  for  the 
sale  thereof.  Such  applications  shall  be  signed  by  the  adult  Modoc 
allottee,  or  in  case  of  minors  by  the  natural  guardian,  and  in  case  of 
orphan  minors  by  the  superintendent,  and  shall  contain  an  agree 
ment  to  the  effect  that  the  proceeds  of  the  sale,  after  deducting  ex 
penses  of  advertisement,  shall  be  held  in  trust  by  the  United  States 
and  deposited  to  the  credit  of  the  Indians,  subject  to  check  of  the 
owners,  when  approved  by  the  superintendent  or  other  Indian  officer 
in  charge,  but  the  moneys  so  deposited  shall  be  paid  to  them  or  used 
for  their  benefit  in  the  discretion  of  the  Commissioner  of  Indian 
Affairs,  and  only  for  purposes  connected  with  and  attendant  upon 
their  removal  to  the  Klamath  Reservation,  Oreg.,  and  for  their 
expenses  thereafter. 

In  all  other  respects  the  rules  and  regulations  herein  prescribed 
will  apply  to  the  sale  of  lands  under  the  provisions  of  the  act  of 
March  3, 1909  (35  Stat,  751). 

KAW  AND  OSAGE. 

The  act  of  March  3, 1909  (35  Stat.,  778),  provides: 

That  the  Secretary  of  the  Interior  be,  and  he  hereby  is,  authorized  and  em 
powered,  upon  application,  to  sell,  under  such  rules  and  regulations  as  he  may 
prescribe,  part  or  all  of  the  surplus  lands  of  any  member  of  the  Kaw  or  Kansas 
and  Osage  tribes  of  Indians  in  Oklahoma :  Provided,  That  the  sales  of  the 
Osage  lands  shall  be  subject  to  the  reserved  rights  of  the  tribe  in  oil,  gas,  and 
other  minerals. 

Except  as  hereinafter  provided  the  rules  and  regulations  prescribed 
for  the  sale  of  allotted  Indian  land  will  apply  to  the  sale  of  land 
under  the  act  of  March  3, 1909  (35  Stat.,  778) . 

(1)  No  application  will  be  considered  unless  the  applicant  agrees 
that  the  land  shall  be  sold  on  such  terms  and  conditions  as  may  be 
prescribed  by  the  Secretary  of  the  Interior,  and  that  the  proceeds 


19 

of  such  sales,  except  the  first  payment,  not  to  exceed,  however,  $1,000, 
shall  be  handled  by  and  disposed  of  for  the  benefit  of  the  applicants 
in  such  manner  as  the  Commissioner  of  Indian  Affairs  shall  direct. 

(2)  The  lands  will  be  sold  for  one-fourth  cash  at  time  of  sale,  as 
herein  provided,  the  remainder  of  the  purchase  money  to  be  paid  one- 
fourth  in  two  years,  one-fourth  in  three  years,  and  one-fourth  in 
four  years,  respectively,  from  the  date  of  sale,  and  shall  be  evidenced 
in  each  case  by  nonnegotiable  notes,  bearing  6  per  cent  interest,  se 
cured  by  nonnegotiable  mortgage  on  the  land  purchased.    The  notes 
and  mortgages  must  be  on  the  forms  prescribed  by  the  department. 

(3)  A  deed  to  the  purchaser  shall  be  executed  by  the  applicant 
simultaneously  with  the  execution  of  the  mortgage,  which  deed  and 
mortgage  shall  be  approved  by  the  Secretary  of  the  Interior  and 
recorded  in  the  county  records  at  the  expense  of  the  purchaser.    After 
being  approved  and  recorded  the  deed  will  be  delivered  to  the  pur 
chaser  and  the  notes  and  mortgage  shall  be  deposited  with  the  re 
spective  superintendents  and  retained  in  his  office  until  the  entire 
purchase  price  has  been  paid  and  the  mortgage  and  notes  canceled 
and  released.    The  purchaser.,  with  the  consent  of  the  vendor,  shall 
have  the  right  to  pay  the  entire  amount  of  the  purchase  money  and 
accrued  interest,  if  any,  at  any  time  and  obtain  the  cancellation  of 
the  notes  and  mortgages:  Provided,  That  at  the  time  of  sale  the  pur 
chaser  shall  have  the  privilege  of  paying  all  cash. 

(4)  In  the  event  of  the  default  of  the  purchaser  in  making  any 
of  the  deferred  payments,  or  the  interest  thereon,  or  the  taxes  as 
sessed  against  the  land,  the  Secretary  of  the  Interior  may  direct  the 
foreclosure  of  the  mortgage  in  the  name  of  the  vendor.    Should  the 
land  upon  foreclosure  sell  for  sufficient  to  pay  the  mortgage,  interest, 
and  cost  of  foreclosure,  the  amount  due  the  vendor  shall  be  placed 
to  his  credit  in  the  manner  herein  provided  for  deferred  payments; 
but  in  the  event  the  land  on  foreclosure  shall  not  sell  for  sufficient 
to  make  the  deferred  payments,  interest,  and  costs,  then  the  Secretary 
may  direct  that  the  land  be  bought  in  by  the  allottee,  in  which  event 
it  shall  thereafter  be  held  by  him  under  the  same  restrictions  and 
limitations  as  before  the  original  sale,  unless  in  the  meantime  a  certifi 
cate  of  competency  shall  have  been  issued  to  him,  and  the  deeds  and 
mortgages  executed  hereunder  shall  so  provide. 

SALE    OF    SURPLUS    LANDS    OF    MINOR    OSAGES. 

The  petition  for  sale  and  the  deed  must  be  signed  by  the  natural 
guardian  of  any  minor  heir  who  has  such  a  guardian  and  by  the  dis 
bursing  officer  in  charge  of  the  supervising  agency  or  school  in  behalf 
of  any  orphan  minor  heir. 

SALE  OF  LANDS  OF  INDIANS  BELONGING  TO  THE  QUAPAW  INDIAN  AGENCY. 

Adult  members  of  the  tribes  of  Indians  under  the  jurisdiction  of 
the  Quapaw  Agency,  Okla.,  except  the  Modocs,  are  authorized  to 
sell  part  of  their  lands  under  the  act  of  March  3,  1009  (35  Stat.,  751), 
which  provides: 

That  the  Secretary  of  the  Interior  be,  and  he  is  hereby,  authorized,  upon 
application  of  any  adult  member  of  either  of  the  tribes  of  Indians  belonging  to 
the  Qnapaw  Indian  Agency,  in  the  State  of  Oklahoma,  to  remove  the  restric 
tions  on  any  part  of  or  all  the  lands  allotted  to  such  applicant,  and  permit  a 
sale  under  such  terms  and  conditions  as  he  may  deem  for  the  best  interests  of 


20 

the  applicant,  excepting  a  tract  of  not  less  than  forty  acres,  which  shall  be  desig 
nated  and  held  as  a  homestead :  Provided,  That  this  section  does  not  apply  to 
the  Modocs. 

The  following  regulations  are  hereby  prescribed  for  the  purpose  of 
carrying  into  effect  section  1  of  the  act  of  Congress  approved  March 
3,  1909  (supra)  : 

1.  Adult  members  of  either  of  the  tribes  belonging  to  the  Quapaw 
Agency,  except  Modocs,  who  desire  to  have  the  restrictions  removed 
from  all  or  part  of  their  allotments,  shall  make  application  to  the 
superintendent  or  other  officer  in  charge  of  the  Quapaw  Agency, 
such  application  to  be  made  in  duplicate  on  prescribed  forms,  which 
will  be  furnished  free  of  charge  on  application  to  the  superintendent 
of  the  Quapaw  Agency. 

2.  When  an  application  is  received  by  the  superintendent  of  the 
Quapaw  Agency,  he  shall,  after  an  investigation,  forward  the  same 
with  report  and  recommendation   to  the  Commissioner  of  Indian 
Affairs  for  consideration. 

3.  If  the  Secretary  of  the  Interior  finds  that  any  applicant  for  the 
removal  of  restrictions  should  have  the  unrestricted  control  of  his 
allotment,  he  will  remove  the  restrictions  wholly  or  in  part  without 
conditions  concerning  terms  of  sale  and  disposal  of  the  proceeds. 

4.  When,  however,  the  Secretary  of  the  Interior  finds  it  to  be  for 
the  best  interests  of  any  applicant  that  all  or  part  of  his  restricted 
lands  should  be  sold  with  conditions  concerning  terms  of  sale  and  dis 
posal  of  the  proceeds,  he  may  remove  the  restrictions  to  become  ef- 
tective  only  and  simultaneously  with  the  execution  of  the  deed  by 
said  applicant  to  the  purchaser.     Before  said  deed  is  executed  the 
designated  tract  or  tracts  of  lands  shall  be  sold  upon  such  terms  and 
in  such  manner  as  the  Secretary  of  the  Interior  may  in  each  case 
specifically  direct.    Whenever  the  Secretary  of  the  Interior  so  directs, 
the  superintendent  of  the  Quapaw  Agency  will  cause  a  description  of 
the  land,  with  necessary  information,  to  be  advertised  for  a  period  of 
not  less  than  thirty  days;  and  sealed  bids  for  the  purchase  of  such 
land  will  be  received  at  the  office  of  the  superintendent  of  the  Quapaw 
Agency  until  2  o'clock  p.  m.  of  the  day  on  which  the  bids  are  to  be 
opened,  and  the  bids  will  be  publicly  opened  immediately  after  thai 
hour  at  the  office  of  the  superintendent.     All  bids  shall  be  inclosed 
in  a  sealed  envelope,  on  which  must  be  plainly  written,  "  Bid  for 
Indian  lands,"  and  the  date  bids  will  be  opened  must  be  indorsed  on 
the  envelope.    The  envelope  must  not  disclose  the  description  of  the 
land.    Neither  the  superintendent  nor  any  empkrvee  connected  with 
Indian  service  will  be  allowed  to  prepare  any  bid  or  to  assist  in  the 
preparation  thereof.    Each  bid  must  be  accompanied  by  a  duly  certi 
fied  check  on  some  solvent  bank  for  the  use  of  the  grantors,  payable 
to  the  superintendent,  for  10  per  cent  of  the  amount  bid  as  a  guaranty 
for  the  faithful  compliance  by  the  bidder  with  his  proposition.    If 
the  bid  is  accepted  and  the  successful  bidder  shall  fail,  within  ten 
days  from  the  receipt  of  notice  of  the  acceptance  of  his  bid,  to  comply 
with  the  terms  thereof,  such  certified  check  will  be  forfeited  to  the 
use  of  the  owrner  or  owners  of  the  land  unless  within  thirty  days  after 
the  date  of  opening  bids  the  Secretary  of  the  Interior  shall  order 
otherwise.    The  right  to  reject  any  or  all  bids  is  reserved. 

5.  Each  tract  of  land  posted  or  offered  for  sale,  as  provided  herein, 
shall,  prior  to  the  date  bids  are  to  be  opened,  be  personally  inspected 
and  appraised  at  its  full  value  by  the  superintendent  of  the  Quapaw 


21 

Agency  or  such  officer  or  employee  as  he  may  designate,  and  a  certifi 
cate  of  such  appraisement  by  the  officer  or  employee  making  the 
appraisement  shall  be  sealed  and  not  opened  until  immediately  after 
the  bids  received  for  that  particular  tract  of  land  are  opened.  The 
appraisement  shall  not  be  disclosed  to  any  person  prior  to  the  opening 
of  bids  nor  be  made  public  thereafter,  and  no  bid  less  than  the 
appraised  value  shall  be  considered.  All  cost  of  conveyancing  and 
recording  shall  be  at  the  expense  of  the  purchaser.  The  checks  of 
unsuccessful  bidders  shall  be  returned  at  the  earliest  possible  date 
when  properly  receipted  for  to  the  superintendent. 

6.  Upon  the  proper  consummation  of  a  sale  made  in  compliance 
with  the  directions  of  the  Secretary  of  the  Interior,  the  superin 
tendent  or  other  officer  in  charge  of  the  Quapaw  Agency  will  make 
an  indorsement  upon  the  order  for  the  removal  of  restrictions  from 
the  land  sold,  using  the  following  form: 

I  hereby  certify  that,  pursuant  to  the  above  order,  the  land  described  therein 
has  been  sold  in  compliance  with  the  directions  of  the  Secretary  of  the  Interior 
and  that,  to  make  the  sale  effective,  deed  for  said  land  from  said  allottee  to 
— ,  the  purchaser,  was  executed  on  —     — ,  19 — . 

7.  The  superintendent  or  other  officer  in  charge  of  the  Quapaw 
Agency  will  make  an  indorsement  upon  the  deed  also,  using  the  fol 
lowing  form : 

I  hereby  certify  that  the  land  conveyed  by  this  deed  has  been  sold  in  compli 
ance  with  the  directions  of  the  Secretary  of  the  Interior  pursuant  to  the  order 
dated  —  — ,  19 — ,  for  the  removal  of  restrictions  from  said  land. 

8.  Such  deed  and  the  order  for  the  removal  of  restrictions  thus 
indorsed  shall  be  delivered  by  the  superintendent  of  the  Quapaw 
Agency  to  the  grantee. 

9.  The  proceeds  of  such  sales  shall  be  held  and  disbursed  for  the 
benefit  of  the  respective  Indians  as  the   Commissioner  of  Indian 
Aifairs  shall  direct  in  each  case. 

10.  When  the  Secretary  of  the  Interior  deems  it  to  be  to  the  best 
interest  of  the  allottee  he  will,  as  far  as  practicable,  direct  that  the 
payment  for  the  land  sold  shall  be  part  cash  and  the  balance  secured 
by"a  first  mortgage  on  the  premises  conveyed,  such  balance  to  be  paid 
upon  such  terms  and  conditions  as  may  be  designated  in  each  case. 

11.  If  a  sale  is  made  with  deferred  payments  under  section  10 
hereof,  the  balance  due  after  the  first  payment  shall  be  evidenced  by 
notes  bearing  6  per  cent  interest  and  secured  by  a  mortgage.     The 
notes  and  mortgage  shall  be  made  nonnegotiable,  except  with  the 
approval  of  the  Secretary  of  the  Interior,  and  held  by  the  superin 
tendent  of  the  Quapaw  Agency,  or  such  other  officer  as  the  Secre 
tary  of  the  Interior  may  designate,  until  each  note  respectively  has 
been  paid,  the  notes  to  be  delivered  to  the  purchaser  or  his  repre 
sentative  for  cancellation  as  soon  as  paid  and  the  mortgage  to  be 
thus  delivered  when  all  the  purchase  price  with  interest  is  fully  paid. 
The  order  of  the  Secretary  removing  restrictions,  the  deed,  and  the 
mortgage  shall  be  recorded  and  the  expense  paid  by  the  purchaser 
before  the  delivery  of  the  deed  to  him. 

R.    G.  VALENTINE, 

Comm  issioner. 

Approved,  October  12,  1910. 
JESSE  E.  WILSON,  . 

Assistant  Secretary. 

o 


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